‘Aha Kenekoa ‘Aha‘ōlelo Iwakāluakumamāiwa

THE SENATE

OF THE

TWENTY-NINTH LEGISLATURE

Moku‘āina ‘O Hawai‘i

STATE OF HAWAI'I

‘Ākoakoa Kūmau MH 2017

REGULAR SESSION OF 2017

 

 

Lā Kanakolukumamāiwa

THIRTY-NINTH DAY

 

29 Malaki 2017 - Po‘akolu - Hola 11:30 A.M.

March 29, 2017-Wednesday-11:30 O'CLOCK A.M.

 

 

 

Papahana O Ka Lā

ORDER OF BUSINESS

 

Kāhea Papainoa

ROLL CALL

 

‘Āpono Mo‘olelo O Ka Puke Hālāwai

APPROVAL OF THE JOURNAL

 

Ho‘olauna Mea Kipa

INTRODUCTIONS

 

Ho‘olauna Ma Ka ‘Ākoakoa Nui

 

HONORING AND COMMENDING DR. HARRY AKO.  (Senator Gabbard)

 

 

Ho‘oka‘a‘ike Mai Ke Kia‘āina

MESSAGES FROM THE GOVERNOR Nos. 701-742

 

MEASURE

TITLE

REFERRAL

 

 

 

G.M. No. 701

Submitting for consideration and confirmation to the Board of Certification of Public Water System Operators, Gubernatorial Nominee, MARK PRESCOTT, for a term to expire 06-30-2020.

CPH

 

 

 


G.M. No. 702

Submitting for consideration and confirmation to the Board of Certification of Public Water System Operators, Gubernatorial Nominee, JODI YAMAMI, for a term to expire 06-30-2020.

CPH

 

 

 

G.M. No. 703

Submitting for consideration and confirmation to the Public Utilities Commission, Gubernatorial Nominee, THOMAS GORAK, for a term to expire 06-30-2022.

CPH

 

 

 

G.M. No. 704

Submitting for consideration and confirmation to the Board of Pharmacy, Gubernatorial Nominee, KENNETH VANDENBUSSCHE, for a term to expire 06-30-2021.

CPH

 

 

 

G.M. No. 705

Submitting for consideration and confirmation to the Board of Pharmacy, Gubernatorial Nominee, KERRI OKAMURA, for a term to expire 06-30-2020.

CPH

 

 

 

G.M. No. 706

Submitting for consideration and confirmation to the Board of Pharmacy, Gubernatorial Nominee, MARY JO KEEFE, for a term to expire 06-30-2021.

CPH

 

 

 

G.M. No. 707

Submitting for consideration and confirmation to the Real Estate Commission, Gubernatorial Nominee, LAURIE LEE, for a term to expire 06-30-2021.

CPH

 

 

 

G.M. No. 708

Submitting for consideration and confirmation to the Real Estate Commission, Gubernatorial Nominee, ALETA KLEIN, for a term to expire 06-30-2021.

CPH

 

 

 

G.M. No. 709

Submitting for consideration and confirmation to the State Board of Chiropractic Examiners, Gubernatorial Nominee, KATHLEEN KANG-KAULUPALI, for a term to expire 06-30-2021.

CPH

 

 

 

G.M. No. 710

Submitting for consideration and confirmation to the Board of Acupuncture, Gubernatorial Nominee, JAYNE TSUCHIYAMA, for a term to expire 06-30-2021.

CPH

 

 

 

G.M. No. 711

Submitting for consideration and confirmation to the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects, Gubernatorial Nominee, RICHARD SUZUKI, for a term to expire 06-30-2021.

CPH

 

 

 

G.M. No. 712

Submitting for consideration and confirmation to the Board of Professional Engineers, Architects, Surveyors, & Landscape Architects, Gubernatorial Nominee, ROBERT YUMOL, for a term to expire 06-30-2019.

CPH

 

 

 

G.M. No. 713

Submitting for consideration and confirmation to the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects, Gubernatorial Nominee, DAN HIROTA, for a term to expire 06-30-2021.

CPH

 

 

 

G.M. No. 714

Submitting for consideration and confirmation to the Board of Professional Engineers, Architects, Surveyors, & Landscape Architects, Gubernatorial Nominee, ROBERT EGGLESTON, for a term to expire 06-30-2019.

CPH

 

 

 

G.M. No. 715

Submitting for consideration and confirmation to the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects, Gubernatorial Nominee, KEN OTA, for a term to expire 06-30-2021.

CPH

 

 

 

G.M. No. 716

Submitting for consideration and confirmation to the Board of Examiners in Optometry, Gubernatorial Nominee, ROBB SHIBAYAMA, for a term to expire 06-30-2019.

CPH

 

 

 

G.M. No. 717

Submitting for consideration and confirmation to the Natural Area Reserves System Commission, Gubernatorial Nominee, NORINE HAYES, for a term to expire 06-30-2021.

WTL

 

 

 

G.M. No. 718

Submitting for consideration and confirmation to the Natural Area Reserves Systems Commission, Gubernatorial Nominee, GLENN BAUER, for a term to expire 06-30-2021.

WTL

 

 

 

G.M. No. 719

Submitting for consideration and confirmation to the Natural Area Reserves System, Gubernatorial Nominee, SCOTT ROWLAND, for a term to expire 06-30-2021.

WTL

 

 

 

G.M. No. 720

Submitting for consideration and confirmation to the Hawai'i Medical Education Council, Gubernatorial Nominee, KENNETH ROBBINS, for a term to expire 06-30-2021.

HRE

 

 

 

G.M. No. 721

Submitting for consideration and confirmation to the Hawai'i Medical Education Council, Gubernatorial Nominee, PAULA YOSHIOKA, for a term to expire 06-30-2019.

HRE

 

 

 

G.M. No. 722

Submitting for consideration and confirmation to the Hawai'i Medical Education Council, Gubernatorial Nominee, ALLEN HIXON, for a term to expire 06-30-2021.

HRE

 

 

 

G.M. No. 723

Submitting for consideration and confirmation to the Early Learning Advisory Board, Gubernatorial Nominee, JIN CHANG, for a term to expire 06-30-2020.

EDU

 

 

 

G.M. No. 724

Submitting for consideration and confirmation to the Early Learning Advisory Board, Gubernatorial Nominee, MARI UEHARA, for a term to expire 06-30-2017.

EDU

 

 

 

G.M. No. 725

Submitting for consideration and confirmation to the Early Learning Advisory Board, Gubernatorial Nominee, MARI UEHARA, for a term to expire 06-30-2019.

EDU

 

 

 

G.M. No. 726

Submitting for consideration and confirmation to the Early Learning Advisory Board, Gubernatorial Nominee, EDELUISA BAGUIO-LARENA, for a term to expire 06-30-2018.

EDU

 

 

 

G.M. No. 727

Submitting for consideration and confirmation to the Early Learning Advisory Board, Gubernatorial Nominee, MAUREEN RAWLINS, for a term to expire 06-30-2018.

EDU

 

 

 

G.M. No. 728

Submitting for consideration and confirmation to the Hawai'i Teacher Standards Board, Gubernatorial Nominee, KARIANE PARK-TOYAMA, for a term to expire 06-30-2021.

EDU

 

 

 

G.M. No. 729

Submitting for consideration and confirmation to the Hawaii Teachers Standards Board, Gubernatorial Nominee, TRACEY IDICA, for a term to expire 06-30-2021.

EDU

 

 

 

G.M. No. 730

Submitting for consideration and confirmation to the Hawaii Teachers Standards Board, Gubernatorial Nominee, JONATHAN KISSIDA, for a term to expire 06-30-2020.

EDU

 

 

 

G.M. No. 731

Submitting for consideration and confirmation to the Advisory Committee on Pesticides, Gubernatorial Nominee, TAMMY MURRAY, for a term to expire 06-30-2020.

AEN

 

 

 

G.M. No. 732

Submitting for consideration and confirmation to the Hawai'i Advisory Council on Emergency Management, Gubernatorial Nominee, SHELDON LEHMAN, for a term to expire 06-30-2021.

PSM

 

 

 

G.M. No. 733

Submitting for consideration and confirmation to the Hawaii Advisory Council on Emergency Management, Gubernatorial Nominee, WILLIAM ANONSEN, for a term to expire 06-30-2021.

PSM

 

 

 

G.M. No. 734

Submitting for consideration and confirmation to the Advisory Board on Veterans' Services, Gubernatorial Nominee, BRIDGET KOMINE, for a term to expire 06-30-2021.

PSM

 

 

 

G.M. No. 735

Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, DEBORAH KOBAYAKAWA, for a term to expire 06-30-2019.

HMS

 

 

 

G.M. No. 736

Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, SCOTT NISHIMOTO, for a term to expire 06-30-2021.

HMS

 

 

 

G.M. No. 737

Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, CHRISTINA PASCUA, for a term to expire 06-30-2019.

HMS

 

 

 

G.M. No. 738

Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, DIANE TERADA, for a term to expire 06-30-2020.

HMS

 

 

 

G.M. No. 739

Submitting for consideration and confirmation to the State Rehabilitation Council, Gubernatorial Nominee, CHRISTINA TYDEMAN, for a term to expire 06-30-2021.

HMS

 

 

 

G.M. No. 740

Informing the Senate that on 03-28-2017, the Governor has withdrawn ANN ZANE, Gubernatorial Nominee to the Board of Certification of Public Water System Operators, from consideration by the Senate (GM583).

FILE

 

 

 

G.M. No. 741

Informing the Senate that on 03-28-2017, the Governor has withdrawn MICHAEL MARES, Gubernatorial Nominee to the Board of Certification of Public Water System Operators, from consideration by the Senate (GM584).

FILE

 

 

 

G.M. No. 742

Informing the Senate that on 03-24-2017, the Governor has withdrawn MILES TAKAAZE, Gubernatorial Nominee to the Statewide Health Coordinating Council, from consideration by the Senate (GM659).

FILE

 

 

 

 

 

 

 

Ho‘oka‘a‘ike Mai Nā ‘Oihana

DEPARTMENTAL COMMUNICATION Nos. 322-332

 

MEASURE

TITLE

REFERRAL

 

 

 

D.C. No. 322

From the Department of Education, dated January 24, 2017, transmitting the Annual Report on the State Educational Facilities Repair Maintenance Account, pursuant to Section 36-35, HRS.

FILE

 

 

 

D.C. No. 323

From the Department of Education, dated January 24, 2017, transmitting the Annual Report on the School Physical Operations and Maintenance Account, pursuant to Section 36-36(e), HRS.

FILE

 

 

 

D.C. No. 324

From the Department of Education, dated February 2, 2017, transmitting the DOE Report Relating to Energy, pursuant to Act 176, SLH 2016.

FILE

 

 

 

D.C. No. 325

From the Office of the Auditor, dated March 7, 2017, transmitting the Financial and Program Audit of the Deposit Beverage Container Program, June 30, 2016, Report No. 17-02, pursuant to Section 342G-107, HRS.

FILE

 

 

 

D.C. No. 326

From the Office of Planning, dated March 8, 2017, transmitting the Hawaii State Housing Functional Plan, pursuant to Chapter 226, HRS.

FILE

 

 

 

D.C. No. 327

From the University of Hawaii System, dated March 8, 2017, transmitting a report of hire pursuant to Act 119, Section 128, SLH 2015.

FILE

 

 

 

D.C. No. 328

From the Department of Education, dated February 1, 2017, transmitting the Annual Report on the Pilot Project for Lease of Public School Lands, pursuant to Section 302A-1151.1, HRS.

FILE

 

 

 

D.C. No. 329

From the Department of Education, dated March 9, 2017, transmitting the Report relating to Restraint and Seclusion, pursuant to Section 302A-1141.4, HRS.

FILE

 

 

 

D.C. No. 330

From the Department of Education, dated March 9, 2017, transmitting the Report Relating to Vocational Education Programs in High School, pursuant to H.C.R. 103 (2016).

FILE

 

 

 

D.C. No. 331

From the University of Hawaii System, dated March 9, 2017, transmitting the 2016 Annual Report of the Research Corporation of the University of Hawaii, pursuant to Section 93-16, HRS.

FILE

 

 

 

D.C. No. 332

From the University of Hawaii System, dated March 15, 2017, transmitting a report of hire pursuant to Act 119, Section 128, SLH 2015.

FILE

 

 

 

 

 

 

 

Ho‘oka‘a‘ike No Ka Hale

HOUSE COMMUNICATION Nos. 376-378

 

 

Informing the Senate that on March 28, 2017, the House disagreed to the amendments proposed by the Senate to the following House bills:

REFERRAL

 

 

 

376

H.B. No. 74, H.D. 1, S.D. 1

"RELATING TO THE EMPLOYMENT OF ATTORNEYS."(Legislature; Attorneys; Senate; House of Representatives)

FILE

 

 

 

 

H.B. No. 281, H.D. 1, S.D. 1

"RELATING TO THE FAILURE TO FILE A REPORT WITH THE CAMPAIGN SPENDING COMMISSION."(Campaign Spending Commission Package; Failure to File a Report; Publishing on Campaign Spending Commission Website; Fine; Second Preliminary General Report)

 

 

 

 

 

Returning the following Senate Bills which passed Third Reading in the House on March 28, 2017, in an amended form:

 

 

 

 

377

S.B. No. 335, S.D. 1, H.D. 1

"RELATING TO THE UNIFORM FAMILY LAW ARBITRATION ACT."(Uniform Family Law Arbitration Act; Arbitration; Conditions)

AGREE/DISAGREE

 

 

 

378

S.B. No. 488, S.D. 1, H.D. 1

"RELATING TO SEARCH WARRANTS."(Honolulu Prosecuting Attorney Package; Search Warrants; Technical Assistance)

AGREE/DISAGREE

 

 

 

 

 

 

 

Ho‘oka‘a‘ike No Ka ‘Aha Kenekoa

SENATE COMMUNICATIONS: None

 

Ho‘oka‘a‘ike Mai Ka ‘Ao‘ao Ho‘okolokolo

JUDICIARY COMMUNICATIONS: None

 

Palapala Hō‘ike Na Nā Kōmike Kūmau

STANDING COMMITTEE REPORT Nos. 1163-1172

 

1163

(AEN)

S.C.R. No. 69, S.D. 1

"REQUESTING THE DEPARTMENT OF AGRICULTURE AND DEPARTMENT OF LAND AND NATURAL RESOURCES TO IDENTIFY ECONOMIC, ENVIRONMENTAL, AND REGULATORY CONSEQUENCES OF CROP DEGRADATION CAUSED BY INVASIVE AND ENDANGERED SPECIES IN HAWAII." (AMENDED TITLE)

(Recommends referral to WAM)

 

 

 

 

 

 

1164

(AEN)

S.C.R. No. 90, S.D. 1

"URGING THE OFFICE OF PLANNING TO UPDATE THE HAWAII STATE PLANNING ACT'S ECONOMIC OBJECTIVES FOR AGRICULTURE."

(Recommends referral to WAM)

 

 

 

 

 

 

1165

(AEN)

S.C.R. No. 151, S.D. 1

"REQUESTING THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM, IN CONJUNCTION WITH THE DEPARTMENT OF AGRICULTURE, TO STUDY THE ECONOMIC IMPACTS OF VERTICAL FARMING OPERATIONS."

(Recommends referral to WAM)

 

 

 

 

 

 

1166

(AEN/PSM)

S.C.R. No. 172

"URGING THE DEPARTMENT OF HEALTH TO ADOPT RULES FOR UNDERGROUND STORAGE TANKS AND TANK SYSTEMS THAT CONFORM WITH RECENT REVISIONS TO FEDERAL REGULATIONS AND INCLUDE ADDITIONAL REQUIREMENTS FOR CERTAIN FIELD-CONSTRUCTED UNDERGROUND STORAGE TANKS."

(Recommends referral to CPH)

 

 

 

 

 

 

1167

(AEN/PSM)

S.R. No. 86

"URGING THE DEPARTMENT OF HEALTH TO ADOPT RULES FOR UNDERGROUND STORAGE TANKS AND TANK SYSTEMS THAT CONFORM WITH RECENT REVISIONS TO FEDERAL REGULATIONS AND INCLUDE ADDITIONAL REQUIREMENTS FOR CERTAIN FIELD-CONSTRUCTED UNDERGROUND STORAGE TANKS."

(Recommends referral to CPH)

 

 

 

 

 

 

1168

(AEN)

S.R. No. 72, S.D. 1

"REQUESTING THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM, IN CONJUNCTION WITH THE DEPARTMENT OF AGRICULTURE, TO STUDY THE ECONOMIC IMPACTS OF VERTICAL FARMING OPERATIONS."

(Recommends referral to WAM)

 

 

 

 

 

 

1169

(AEN)

S.R. No. 26, S.D. 1

"REQUESTING THE DEPARTMENT OF AGRICULTURE AND DEPARTMENT OF LAND AND NATURAL RESOURCES TO IDENTIFY ECONOMIC, ENVIRONMENTAL, AND REGULATORY CONSEQUENCES OF CROP DEGRADATION CAUSED BY INVASIVE AND ENDANGERED SPECIES IN HAWAII." (AMENDED TITLE)

(Recommends referral to WAM)

 

 

 

 

 

 

1170

(HMS/HOU)

S.C.R. No. 56, S.D. 1

"REQUESTING THE AUDITOR TO CONDUCT A STUDY TO ASSESS THE IMPACT OF USING MEDICAID FUNDS TO PROVIDE COVERAGE FOR THE TREATMENT FOR HOMELESSNESS."

(Recommends referral to WAM)

 

 

 

 

 

 

1171

(WTL)

S.C.R. No. 79, S.D. 1

"AUTHORIZING THE ISSUANCE OF A FIFTY-FIVE YEAR TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS AT WAIPOULI, KAWAIHAU, KAUAI, FOR THE MAINTENANCE AND REPAIR OF THE EXISTING SEAWALL AND FOR THE USE, REPAIR, AND MAINTENANCE OF THE EXISTING IMPROVEMENTS CONSTRUCTED THEREON." (AMENDED TITLE)

(Recommends referral to WAM)

 

 

 

 

 

 

1172

(One Day Notice)

(AEN)

S.C.R. No. 77, S.D. 1

"REQUESTING THE ESTABLISHMENT OF A BONA FIDE AGRICULTURAL PRODUCER TASK FORCE TO CREATE A DEFINITION FOR THE TERM "BONA FIDE AGRICULTURAL PRODUCER"."

(Recommends Adoption)

 

 

 

 

 

 

 

 

 

 

Papahana O Ka Lā

ORDER OF THE DAY

 

 

Ho‘ouna Kōmike Ho‘olohe A Ho‘ouna Hou Paha

REFERRALS AND RE-REFERRALS

 

Ho‘oka‘a‘ike ‘Ē A‘e

MISCELLANEOUS COMMUNICATIONS: None

 

Hana ‘Ē A‘e

MISCELLANEOUS BUSINESS

 

Ho‘olaha

ANNOUNCEMENTS

 

 

RECOGNIZING AND HONORING THE BOYS & GIRLS CLUBS OF MAUI 2017 YOUTH OF THE YEAR.  (Senator English)

 

            Papamanawa Ho‘olohe Palapala

·         Committee Hearing Schedule:

 

COMMITTEE

DATE & TIME

ROOM

INFO-AEN-AGR

3/29/2017 1:15 PM

224

PSM/HOU/TRE

3/29/2017 1:15 PM

225

PSM/TRE

3/29/2017 1:20 PM

225

TRE/PSM

3/29/2017 1:20 PM

225

WAM

3/29/2017 1:30 PM

211

WAM

3/29/2017 1:35 PM

211

TRE

3/29/2017 1:40 PM

225

WAM

3/29/2017 1:40 PM

211

ETT/TRE

3/29/2017 2:00 PM

414

TRE/WTL

3/29/2017 2:15 PM

225

AEN/TRE

3/29/2017 2:44 PM

224

HMS/JDL

3/29/2017 2:45 PM

016

PSM/ETT

3/29/2017 2:45 PM

414

HMS

3/29/2017 2:50 PM

016

WTL

3/29/2017 3:00 PM

224

CPH/WAM

3/30/2017 9:30 AM

211

JDL/WAM

3/30/2017 9:45 AM

211

JDL/WAM

3/30/2017 9:50 AM

211

WAM/JDL

3/30/2017 9:50 AM

211

HRE

3/30/2017 1:15 PM

414

WAM

3/30/2017 1:30 PM

211

WAM

3/30/2017 1:40 PM

211

CPH

3/31/2017 9:00 AM

229

HOU/CPH

3/31/2017 9:30 AM

229

JDL

3/31/2017 9:30 AM

016

WAM

3/31/2017 9:30 AM

211

WAM

3/31/2017 9:35 AM

211

WAM

3/31/2017 9:40 AM

211

HMS

3/31/2017 2:45 PM

016

WTL/AEN/PSM

3/31/2017 2:45 PM

224

AEN

4/3/2017 1:15 PM

224

CPH

4/4/2017 9:30 AM

229

JDL

4/4/2017 9:30 AM

016

HRE

4/4/2017 1:15 PM

414

JDL

4/5/2017 9:30 AM

016

HRE

4/6/2017 1:15 PM

414

 

 

 

 

 

Ke Pani ‘Ana

ADJOURNMENT